Indian Polity and Governance – Sample Copy INDIANCIVILS Sample Material CONTENTS 1. Constitutional developments 2. Part 1 – part 22 of Indian Constitution 3. Salient features of People’s Representation Act 4. Appointment to various Constitutional Posts/Bodies 5. Statutory, regulatory and various Quasi-judicial Bodies 6. Government policies and interventions for development in various sectors 7. Development processes and the development industry 8. Welfare schemes for vulnerable sections of the population by the Centre and States 9. Issues relating to development and management of Social Sector/Services 10. Issues relating to Poverty and Hunger 11. Important aspects of Governance 12. Role of civil services in a Democracy INDIANCIVILS – The Online IAS Academy Indian Polity and Governance – Sample Copy CONSTITUTIONAL DEVELOPMENTS Sample Material The struggle has begun when British left India on 15th Aug 1947. By gaining independence from the British is not the end. Standing virtue of independent nation is more trouble…. there started the development of constitution. So, let’s have a brief definition of constitution. Q: What is Constitution? And why it is important for every nation? It is a document which gives what to do and what not to do for the government of a country and to brief more, a Constitution is the vehicle for every nation’s progress on a system based. And, still the definition of the constitution differs from author to author. Lord Bryce Said “a frame of political society organized through and by law, that is to say, one in which law has established a permanent institutions with recognized function and definite rights.” Bryce Said “it includes all rules which define the member of sovereign power, all rules which regulate the relation of such members to each other or which determine the mode in which the severing power , or the members thereof, exercise rules relating to fundamental concern of government.” Modern Authors stated that the constitution is just a relationship and arrangement between three organs (Executive, Judiciary and Legislative) inside the community. Prof. Where stated as “the constitution lies in a belief in limited government.” Carl J. Friedrich in his work says “constitutional government and democracy” observes “A constitution is broadly speaking, a set of rules, written and unwritten, that seeks to establish the duties, power and functions of the various institutions of government, regulate the relationship between them and define the relationship between the state and the individuals.” And Our Understanding definition after gone though the Entire constitution is as follows” 1. Provides a set of basic rules that minimize the coordination between the societies. 2. Basic allocation of power in a society and gives the decision making body to the law makers. 3. Some limits that govt. can impose on its citizen 4. Enable the govt. to fulfil the aspirations of the society Q: What is a written constitution and unwritten constitutions? A Written one which provides into a single codified legal document and it means to say systematic arrangement of various provisions of the constitutions E.g.: The US Constitution hailed for its (Brevity, restraint and Simplicity) and the Indian Constitutions. A Un Written Constitutions is embodied in customs, usages, and conventions, law of statue, court of content, treaties, and judgments. E.g.: The UK, the New Zealand and Israel INDIANCIVILS – The Online IAS Academy Indian Polity and Governance – Sample Copy Q: Who has given the idea of making constitution in India? The idea of making constitution is given by Mahatma Gandhi in 1922 Lahore session while explain the meaning of swaraj and indicated that we Indian’s has write the constitution for us...First Expression about constitution. After 6 Years, 1928 the Indian constitution was drafted by Nehru Committee and headed by Moti Lal Nehru (father of Jawaharlal Nehru). Again after one year, in 1929 December, Lahore session, congress passed the Poorna swaraj resolution and breaking news of that time (Jawaharlal Nehru elected as president of Indian national congress and dedicated entire life to the nation by serving it under the leadership of Mahatma Gandhi). Congress Passed Poorna Swaraj Resolution in Dec 1929 and after one month 26 Jan 1930, Pledge of Indian Independence = Declaration of Independence was drafted by Mahatma Gandhi in 1930 and it echoed as American Declaration of Independence. Jan 26, 1930 is the Independence Day by Indian national Congress. When the idea is mooted about the making of constitution, and then comes into picture the constituent assembly. MAKING OF CONSTITUTION Q: What is Constituent Assembly and How Constituent Assembly Formed? The idea generated from the mind of legendary freedom fighter M.N Roy (Manabendra Nath Roy known as MN ROY, Indian nationalist and revolutionaries and international known as Radical Activist and theorist of politics). But, it later becomes the official demand of INC 1935. The demand accepted in August 1940 offer by the British. This is called August offer of 1940. This offer gives full weight to minority opinion, recognizing the Indians to form their own constitution. Under cabinet mission plan of 1946, constituent assembly and election were held for the first time. British India Seats = 296 Princely States = 093 Total Strength of Constituent assembly = 389 British India Seats = 296, Out of these Eleven Governor Provinces = 292 Rest Chief Commissioner Provinces = 04 (Delhi, Ajmer, Coorg and British Baluchistan) Elections of 296 seats of British India were completed by July – August 1946. Congress = 208, Muslim League = 073. Since Muslims secured very less votes compared to INC, they refused to cooperate with congress. Riots Started between Hindus and Muslims, then the immediate action taken by the LAST Governor General of British India was Lord Mountbatten scrapped the Cabinet Mission Plan and culminated the Indian Independence Act to make separate nation for India and Pakistan and Constituent Assembly too. When our constitution enacted, the big laws, Govt. of India Act 1935 and Indian Independence Act 1947 were official cancelled by the Article 395. The Indian Independence act was passed on July 18, 1947. Earlier it is declared via Cabinet Mission Plan as June 1948 but by scrapping the act by Lord Mountbatten. Indian got independence earlier on INDIANCIVILS – The Online IAS Academy Indian Polity and Governance – Sample Copy 15 August 1947. Cabinet elected for Undivided India is on June 9, 1946 but it reassembled on 14th August 1947 as sovereign body and took the power in the night from the British. As a result, Pakistan Got separate constituent assembly was set up for Pakistan on June 3, 1947. The person who represented the areas from Pakistan are ceased to be the members of Constituent assembly of India. Fresh election was held for two places for west Punjab and east Bengal. Now the members of Indian Constituent assembly were 299 and met again on 31st Dec 1947. Constituent Assembly had been elected firstly for undivided India and first sitting is 9th Dec 1946 and re-assembled again on 14th Aug 1947. Members are indirectly elected from provisional legislative assembly’s established in 1935. Constituent Assembly was mostly based on cabinet mission Plan. Proportional representative population Q: Who are the Founding members and later members of Constituent assembly? As we cited above the Constituent Assembly met for first time for undivided India on 9th Dec 1946. The Muslim League has got low seats and because of some inferior of their words will not access by the Indian Constituent assembly. Basing on the strings, they boycotted the meeting and insisted separate nation for them as we called today PAKISTAN. The meeting attended by 211 members and presided by Dr Sachidananda Sinha as an interim president. 11th Dec 1946 - Dr. Rajendra Prasad elected as president of Constituent Assembly. Shri B.N Rau appointed as Legal Advisor of the Constituent assembly. Vice President of CA is H C Mookerjee, Former Vice Chancellor of Calcutta University and chairman of Minority Committee in CA. He was appointed as governor of West Bengal after India become republic. Q: What is OBJECTIVE RESOLUTION and who moved it? It is a document to the CA to provide the direction towards Constitution (or) Aims of the CA was moved by Pandit J.L. Nehru in13th Dec 1946. It showed the path and enshrined the values and aspiration behind the Constitution making and it unanimously accepted on 22nd Jan 1947; India’s Constitutional expression to fundamental commitment as “Equality, Liberty, Democracy, Sovereignty, and a cosmopolitan identity”. To make it more simply….. The US Constitution (Brevity, restraint and Simplicity) The USSR Constitution (Social, Economic and Political) The French Constitution (Liberty, Equality and Fraternity) The Indian Constitution (Equality, Liberty, Democracy, Sovereignty, and a cosmopolitan identity) Q: What are the important Committees constituted in the Constituent assembly? In the mid night of 14th August 1947, the assembly took the charge of legislative assembly of an independent India. They are numerous committees appointed by the CA for making a Constitution. Major Committee – 8 Minor Committee – 15 INDIANCIVILS – The Online IAS Academy Indian Polity and Governance – Sample Copy Important Committees are as follows: Rajendra Prasad – Committee on the Rules of Procedure, Steering Committee, Finance and Staff Committee and Adhoc Committee on the National Flag. Pandit